Amber Portwood — who is currently in a Malibu, C.A. rehab facility following a suicide attempt — is set to lose custody permanently of her daughter Leah, to her father, Gary Shirley, his lawyer has revealed in an exclusive interview with Star Magazine.

The lawyer tells the magazine — which is on stands Wednesday — that he believes Gary’s temporary custody of little Leah is going to be made permanent.

“I think custody will go to Gary,” his attorney, Jeff Lockwood, tells Star. To regain custody Amber would need to be “able to maintain a clean track record,” Lockwood revealed.

However, already Amber is facing an uphill battle having been hospitalized in June following a suicide attempt, investigated by Child Protection Services and last year jailed on domestic abuse charges. Gary does not plan on stopping Amber from seeing her child though, Star reports.

“We will aim for her to have a whole lot of visitation,” Lockwood said. The lawyer also hinted that the pair might move in together to allow Amber to be serve in a full time mother role, despite her inability to get custody.